Nolan Goldberg

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Nolan M. Goldberg is a Senior Counsel in Proskauer's Litigation & Dispute Resolution Department and a member of the Patent Law Group, resident in the New York office. As an intellectual property litigator, his practice focuses on patent and trade secret litigation and counseling. As a founding member of the Litigation Department's Electronic Discovery Task Force, Mr. Goldberg is often called upon to develop e-discovery strategies to be used in all types of litigations, with a particular focus on managing the overall burden and cost of the electronic discovery process and obtaining often overlooked electronic evidence, including computer forensics.


Articles By This Author

Third Party Discovery of Foreign Bank Records Should First Proceed Under the Hague Convention

Posted on May 26, 2011 by Nolan Goldberg

Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of the foreign data custodians. See, e.g., Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458, 2010 WL 808639 (S.D.N.Y. Mar. 8, 2010) (compelling the third-party U.S. parent of a foreign bank to produce documents located at its subsidiary despite claims that such production was illegal under Malaysian law) discussed further in prior blog posts here and here. However, in SEC v. Stanford International Bank Ltd, the court departed from this pattern in finding that discovery should first proceed under the Hague convention “in the interest of comity.” Civil Action No. 3:09–CV–0298–N, 2011 WL 1378470 at *14 (N.D.Tex. April 6, 2011).

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Third-Party Bank Remains Caught Between an Order Compelling Production and Malaysian Law - Coercive Sanctions Recommended

Posted on May 27, 2010 by Nolan Goldberg

Our April 1, 2010 blog entry discussed the March 8, 2010 Order in Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458 (S.D.N.Y.) (the “Order”), compelling the third-party U.S. parent (the “U.S. Parent”) of a foreign bank, to produce documents located at its subsidiary, despite claims that such production was illegal under Malaysian banking secrecy laws.  The entry concluded by noting that:

This opinion illustrates the no-win situation that foreign corporations continue to be placed in by the tension between U.S. courts and foreign law, and underscores the importance of raising foreign-law based discovery objections as early and in as detailed a manner as possible in order to maximize the chances of successfully navigating this conflict.

Id. Subsequent history in this matter further illustrates the seriousness of this predicament.

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Possible Consequences to a Third Party for Violating a Foreign Blocking Statute Outweighed by Plaintiff's Need for Banking Records to Enforce a Judgment

Posted on April 1, 2010 by Nolan Goldberg

On March 8, 2010 the U.S. District Court for the Southern District of New York issued the latest opinion addressing the conflict between U.S. discovery laws and foreign blocking statutes.  In Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458, 2010 WL 808639 (S.D.N.Y. Mar. 8, 2010), the court compelled the third-party U.S. parent (the "U.S. Parent") of a foreign bank, to produce documents located at its subsidiary despite claims that such production was illegal under the Malaysian law.

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